Below are questions I have on the H-1B Amendment and H-1B transfer being filed almost at the same time with little gap with USCIS for the same person. The H-1B Amendment is in light of the new H-1B regulation that has been mandated by USCIS when there is a significant change in the Job Location of the beneficiary from the address mentioned in the initial Petition from the employer which was approved initially.<p>
1. Does the USCIS Last action rule apply in case of the below 2 being applied almost at the same time for the same beneficiary?<br>
a) H-1B Amendment with Current Employer<br>
b) H-1B Transfer to New employer while H1B Amendment is pending with Current Employer.<br>
2. If the answer for the above is 'Yes', then incase the H-1B Amendment Approval comes after the H-1B Transfer would the H-1B transfer to the new employer that was approved earlier be automatically nullified?<br>
3. If the answer for #2 above is 'Yes' Is there any way to request USCIS to consider the H-1B Transfer approval to new employer as the primary incase that get approved earlier and avoid the H-1B amendment to dictate the latest H-1B for a given employer? (I believe we can request USCIS to withdraw/cancel the Amendment but is this something that the new employer/employee can do or only the existing employer who was filed for H-1B amendment has the authority to request any cancellation/withdrawal of the H-1B amendment?)<br>
4. Also does the current suspension of H-1B premium processing apply even for the H-1B transfers (with a new extension for 3 Years) or is it only for new H-1B extensions of Petitions from the current employer?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I am currently on EB-3. I have a company (say Company A) which is willing to file for my GC in EB-2 under 'Future Employment'. Do I or the 'company A' need to be aware of something on this front?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
The H-1 quota cuts down 50% or more applications each year.
I want to thank Homa Naderi for her efficiency,promptness and patience. She answered telephone calls and emails within the hour and did not tire of answering questions that appeared confusing to a lay person. Most importantly she always conveyed to us her belief that the applications will be accepted. I will be happy to refer people to her.
My family visas have been denied as they were filed 4 months late, by my hospital lawyer.We are really grateful to Mr Rajiv S.Khanna who filed this case with INS, with a proper good cause and got approved in very short time.I strongly advice to go with this firm.Right from the beginning we have been advised honestly and promptly. Mr.Rajiv S.Khanna and his paralegal staff were brilliant and showed their professionalism working on my case.Both Charu Bhagat and Anna Baker were really good in communicating with us and keeping us up to date. Rajiv S.Khanna and his team rock my world!!!!!!!
Hi, Recently I got issue on my H1b, when we spoke to Rajiv and his team, they jumped in and helped me to come out from the issue, and they are very prompt and helpful on answering questions and legal issues. I will recommend people to take help from Rajiv.
They did really a great Job. Thanks a lot Rajiv and his team.
Thanks,
I have a L1-A VISA through company Blanket. I have visa up to 2013. But my blanket expires in 2011-dec. I got I-94 up to Dec-2011. I have already applied for I-94 extension. How long will it take?
It can take a few months. You can apply for premium processing even when the case is filed and pending.
I had come to US in September 2008 for 30 days externship (as short term visiting scholar) on J1 visa. After that I went back to India in October and came again in January 2009 on F1 visa to do PhD in animal science program. My concern is do I need to apply for J1 waiver before joining a job or a post doc here in USA? If yes, how should I go about it?
The 212(e) can attach to even a short program. Step one, ask DOS for an advisory opinion whether you are subject to the Home Residency Requirement. The detailes are here: http://travel.state.gov/visa/temp/info/info_1288.html
It is so nice to keep in contact with attorney Rajiv S. Khanna and his Law Farm. I really appreciate there kind help regarding my immigration related problems. Thank you Mr Khanna, Mrs Diane ans Mrs. Leslie for all your help.
Hi, I first of all like to appreciate the generosity of Mr Rajiv in replying to my email within 15min and then giving the phone conference appointment for no cost since I am a student. He is definitely a great person who really makes an effort to sort out others issues. I contacted him to know how my mom who already have visitor visa, can stay in US on continous basis as my dad recently passed away and I am the only child. I knew what he had suggested others who were on H1 visas and had same issues (by listening to the record of past tele conferences), but wanted to confirm his opinion in my case. He said that I can also do visitor visa extensions in lieu of F2 visas, but he was hesitant as how would I support the medical expense. I understand his concern, but I would be contacting him again as I really want this to work for my mom. Anyhow, I am really thankful to him and his staff for being so supportive and understanding. Wish the entire team good luck and high success.
Re-registration Opens Nov. 4, 2011
WASHINGTON - Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of Honduras for an additional 18 months, beginning Jan. 6, 2012, and ending July 5, 2013.
Re-registration Opens Nov. 4, 2011
Released Nov. 4, 2011
WASHINGTON - Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of Nicaragua for an additional 18 months, beginning Jan. 6, 2012, and ending July 5, 2013.
[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Rules and Regulations]
[Pages 69119-69120]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28985]
---------------------------------------
DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 103
[CIS No. 2459-08; DHS Docket No. USCIS-2008-0038]
RIN 1615-AB76
Commonwealth of the Northern Mariana Islands Transitional Worker Classification: Correction
Please check attachment to view user manual for Form I-17.
Number 39
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
I am glad that I got connected with Mr. Rajiv Khanna. He was quick in responding, detailed and thorough.
We filed a petition premium processing for the beneficiary who qualified based on his original contributions, publication record, featured research work in the media and service as a judge of the works of his research peers. USCIS seems to have accepted the veracity of our claim for outstanding ability without a question. We were issued a request for evidence asking only for proof of the petitioner’s ability to pay. We supplied the most recent financial report of the petitioner, a letter from the CFO as well as copies of the beneficiaries W2 and most recent pay stubs.
We filed a petition premium processing for the beneficiary who qualified based on her extraordinary engineering contributions. Her substantial and highly scientific contributions paved the way for commercial manufacturing of flexible displays by major, well-known display manufacturing companies. The beneficiary’s commercialized research was featured on Amazon.com. She had over eight years of research experience in the nanotechnology field resulting in multiple patents.
We were retained by a client who was in USA on B-2 status and wished to apply for green card through EB-5 investor/entrepreneur category. We obtained a B-2 extension and simultaneously filed the EB-5 petition. Client was in the process of investing $1 Million in an existing business. $500,000.00 of the investment was in the form of cash (some portion of which was gift money) and for the remaining $500,000.00, a promissory note was executed and secured by foreign personal assets of client.
USCIS draft Policy Memo On EB-5 Adjudications addressing certain foundational issues in the EB-5 program. This draft memo is a work in progress and is not operative until it is published and in final form.
Please check the attachment.
U.S. Citizenship and Immigration Services (USCIS) reminds eligible nationals of Haiti (and persons without nationality who last habitually resided in Haiti) to file for Temporary Protected Status (TPS). TPS was originally designated for Haiti in January 2010 in response to a catastrophic earthquake that devastated the country.
Rajiv S Khanna's Law Firm, based in Virginia, is working on my Green Card. I should tell you that I am extremely happy with their service. I have never gotten a chance to speak to Mr. Khanna but I have been 'constantly' in touch with one of his staff, Homa Naderi. She is simply the BEST!! Goes the extra mile to get the job done. Very pleasant to talk to. Someone whom you can count on as a friend. I would first recommend you to visit their website before contacting them. The have a fabulous website, www.immigration.com . It has got a wealth of information ranging from the legal fee structure to the latest news on immigration policies, status, etc. If you decide to go with them call their office and do insist for Homa Naderi to be your point of contact. She will make this long-hard-laborious-US-Visa-pilgrimage a pleasant experience. Feel free to call me or email me if you have any questions at 972 571 1882. Krishna